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(영문) 대전지방법원 2017.08.10 2015가단225377
공사대금
Text

1. The Defendant’s KRW 113,910,00 for the Plaintiff and 6% per annum from October 27, 2015 to August 10, 2017.

Reasons

Facts of recognition

The plaintiff is a person who runs a window, metal construction, etc. with the trade name of "C".

On September 10, 2014, the Plaintiff entered into a subcontract with the Defendant for the construction cost of KRW 130 million (including value-added tax; hereinafter the same shall apply) and for the construction period from September 10, 2014 to October 31, 2014 (hereinafter the “instant contract”) with respect to the external metal (hereinafter the “instant main construction”) among the construction and remodeling works for the extension and remodeling of the Seongbuk-gu World Trade Organization (hereinafter the “instant main construction”), and completed the instant construction.

On October 2010, the Plaintiff, at the Defendant’s request, additionally performed metal works for underground parking lots, and metal works inside the telecom (hereinafter “instant additional works”). The additional construction cost is KRW 6,765,00 in the case of metal works for underground parking lots, and KRW 3,674,00 in the case of internal metal works for telecom, KRW 14,390,000 in total.

From October 17, 2014 to September 25, 2015, the Defendant paid a total of KRW 120,480,000 to the Plaintiff as construction cost.

【In light of the facts without any dispute, Gap’s evidence Nos. 1 through 3, the appraisal result of appraiser E, the fact-finding results of this court’s appraisal of appraiser E, and the fact-finding fact-finding as to the claim cause of the entire purport of the pleadings, the defendant is obligated to pay to the plaintiff 23,4390,000 won of the total construction cost (i.e., 130,000,000 won additional construction cost of 14,390,000 won less the remainder of construction cost of 120,480,000 won which the plaintiff paid from the defendant, and 1,39,000 won of the remainder after deducting the plaintiff’s payment from the total construction cost of 120,480,000 won, and damages for delay calculated from October 27, 2015 from the day following the day when the original copy of the payment order of this case was served until August 10, 2017.

2.3.

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